Legal Question in Entertainment Law in New York

Use of product names in song lyrics.

Is there any copyright/trademark law prohibiting the use of common product names in song lyrics (i.e. Doritos, Windex, John Deere)? Does permission need to be granted by the companies that own such trademarks? Can a song title use such product names? (i.e., Takin' A Ride on My John Deere)?


Asked on 6/25/04, 9:33 pm

2 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Use of product names in song lyrics.

It depends on the context the brand name is being used in the song. If its just an incidental detail or parody, the authori si on pretty safe grounds it's when the brand name is used as a suubject or in a defamatory manner that problems may develop.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 6/28/04, 9:52 am
William Frenkel Frenkel Sukhman LLP

Re: Use of product names in song lyrics.

This question can't be answered without examining the actual song lyrics and the mark used in the lyrics but basically the analysis involves a balancing act between the writer's freedom of expression and the mark owner's rights to protect its IP. Depending on the strength of the mark, nature of its use in a song, nature of the song itself and other factors, there may or may not be a trademark infringement. Apart from the legal analysis, there's also a more practical question of how likely it is that the mark owner would sue and recover.

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Answered on 6/26/04, 11:01 am


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